Handan City Property Management Approach

Original Language Title: 邯郸市物业管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
(August 15, 2003, Handan people's Government Executive meeting of the 5th review on September 26, 2003 103th Handan people's Government promulgated as of November 1, 2003) Chapter I General provisions article in order to standardize property management activities, maintaining the lawful rights and interests of the owners and property management companies, and improve the people's living and working environment, according to State Council regulations of the property management, combined with the city's actual, these measures are formulated.
    Article property management in these measures refers to the owners by selecting Realty Management Enterprise, run by owners and property management companies in property service contract, for housing and related facilities equipment and for maintenance, conservation, management, and maintenance activities related to environmental health and order in the region.
    Third municipal real estate administration supervision and management departments in charge of the city's property management activities, the management of city property management activities directly in the main city. Handan real estate administrative departments in charge of the County not included in the main urban area of the property management activities of supervision and control.
    Other counties (cities), fengfeng mining district real estate administrative departments of the people's Government is responsible for supervision and administration of property management activities within their respective administrative areas.
    Chapter II owners and owners ' fourth home ownership human owners.
    Owners in property management activities in the, enjoys following right: (a) according to property service contract of agreed, accept property management enterprise provides of service; (ii) proposed held owners Assembly Conference, and on property management of about matters proposed recommends; (three) proposed developed and modified owners Convention, and owners Assembly rules of procedure of the rules of recommends; (four) participate in owners Assembly Conference, exercise vote right; (five) election owners Committee members, and enjoys to be elected; (six) supervision owners Committee of work;
    (VII) supervision of property management to corporate property services contracts; (VIII) of the common parts, common facilities and relevant sites have the right to know and right of supervision of the use of, (I) supervision of the common parts, common facilities and equipment special maintenance fund (hereinafter referred to as the special maintenance fund) management and use (x) other rights stipulated by laws and regulations. Fifth article owners in property management activities in the, perform following obligations: (a) comply with owners Convention, and owners Assembly rules of procedure of the rules; (ii) comply with property management regional within property total with parts and total with facilities equipment of using, and public order and sanitation of maintenance, aspects of regulations; (three) implementation owners Assembly of decided and owners Assembly authorized owners Committee made of decided; (four) according to national about provides pay special maintenance funds; (five) on time pay property service costs; (six) legal, and
    Other obligations under the regulations.
    Article of all the owners within the Realty Management area composed of owners ' meetings.
    General meeting shall represent and protect all the owners within the Realty Management area in the Realty management activities the legitimate rights and interests.
    Seventh, a Realty Management area set up an owners ' meeting. Property management properties in regions should be taken into account the sharing of facilities equipment, size of building, community building, and other factors.
    Specific measures according to the relevant provisions of the province.
    Eighth residential property owners with more than 200 people (including 200), according to buildings, units, floor units such as elected representatives to participate in a general meeting.
    Selection of owner's representative participating in the general meeting, owners ' representatives to participate in the general meeting 3rd general meeting written comments on matters to be addressed by representatives of concerned owners, requiring a vote, owners agree, against and abstained from voting after signature, the specific votes, represented by the owners when they vote at the owners ' meeting reflects.
    Owner's representative is unable to attend the general meeting, they can elect a representative of owners to attend.
    Only a small number of owners or owners and all the owners agreed that decided not to set up an owners ' meeting, jointly by the owners of owners, owners of performance of Committee duties.
    The Nineth owners to set up owners ' meeting for the first time, should be in the locations of the properties real estate administrative departments and neighborhood offices (Township people's Government) under the guidance of, by the representative of the owner, the construction unit (including public housing flats) form the General Assembly preparatory group, responsible for the preparatory work for the owners ' meeting.
    Preparatory Group should be formed within 30th of a home under the guidance of local real estate administrative departments, held its first general meeting of owners and owners ' committees of elected. Owners of voting rights in the general meeting for the first time, according to the owners of floor space, residential units and other factors determined to be property owners.
    Specific measures shall be carried out in accordance with provincial regulations. Tenth Article owners Assembly perform following duties: (a) developed, and modified owners Convention and owners Assembly rules of procedure of the rules; (ii) election, and replaced owners Committee members, supervision owners Committee of work; (three) selection, and dismissed property management enterprise; (four) decided special maintenance funds using, and continued raised programme, and supervision implementation; (five) decided by all owners bear owners Assembly and owners Committee carried out work of funding raised, and management, and using programme; (six) developed, and
    Modify the common parts of the property within the Realty Management area and common facilities, maintenance of public order and sanitation regulations; (VII) laws, regulations or the owners ' other property management responsibilities under the rules of procedure of the General Assembly.
    11th general meeting can take the form of brainstorming, you can also take the form of written comments; but it should be within the Realty Management area holds more than 1/2, owners of the right to vote.
    An owner may entrust an agent to participate in the general meeting. General meeting decisions must be adopted by the participating least 1/2 voting rights held by the owner.
    Owner Convention on the formulation and modification of the owners, the owners of the General Assembly rules of procedure of the General Assembly, appointment and dismissal of management companies, special maintenance fund and continue to raise the decision, must be approved by the voting rights held by all the owners within the Realty Management area at least 2/3.
    General meeting decisions shall be binding on all the owners within the Realty Management area.
    12th general meeting is divided into regular meetings or interim meetings. General meeting owners of regular meetings shall be in accordance with the provisions of the rules of procedure of the General Assembly to convene.
    Proposal of the 20% per cent of the owners, owners ' Committee should convene ad hoc meetings of the General Assembly.
    13th convening the general meeting shall inform all owners prior to meeting held on 15th.
    Residential area of the general meeting, and shall also inform the relevant residents ' Committee.
    The owners ' Committee shall make the general meeting records.
    14th article owners Committee is owners Assembly of implementation institutions, perform following duties: (a) convened owners Assembly Conference, report property management of implementation situation; (ii) representative owners and owners Assembly selection of property management enterprise signed property service contract; (three) timely understand owners, and property using people of views and recommends, supervision and assist property management enterprise perform property service contract; (four) supervision owners Convention of implementation; (five) owners Assembly gives of other duties.
    15th article owners Committee should since election produced of day up 30th within, to property location of district, and County Government property administrative competent sector record, main city to City Government property administrative competent sector record, and provides following information: (a) established owners Committee registration applications; (ii) property basic situation and the owners situation; (three) owners Committee members list and the basic situation; (four) owners Assembly articles; (five) first times owners Assembly resolution.
    General or changes in the owners ' Committee shall record such changes in a timely manner.
    Article 16th after property administration departments above the county level, the Committee, with engraving seal a letter of introduction issued by the real estate administrative departments, public security departments to apply for engraved seal of the general meeting of owners, owners ' committees.
    The 17th member of the owners ' Committee shall be enthusiastic about public welfare cause, sense of responsibility, and have certain organizing capacity of owners who are.
    Owners Committee an amount not less than 5 persons, should be singular (specific number of persons determined by the general meeting).
    Head of the owners ' Committee, Vice Director of the owners Committee members elected.
    Article 18th Convention should use, maintenance and management of the property, the owners of the common interest, the owner shall perform the obligations, violations of the Convention shall bear the responsibility for such matters according to law conventions.
    The owners ' Convention is binding on all the owners.
    Article 19th General Assembly rules of procedure of the general meeting should be the rules of procedure, voting procedures, owners, owners ' committees the right to vote-fixing the composition and term of Office of members reach agreement on such matters.
    20th within the Realty Management area, owners, owners ' committees shall cooperate with the relevant residents ' Committee shall perform the self-management responsibilities, support work a residents Committee and accept its guidance and supervision.
    Residential decision taken at the general meeting of owners, owners ' committees and shall inform the relevant neighborhood Committee, and listen carefully to residents ' Committee's recommendations.
    Chapter III stage property management in the 21st for owners, owners before Congress has selected the Realty Management Enterprise, unit selection property management companies, the prophase Realty service shall sign a written contract.
    22nd the construction unit shall before the property for sale, make temporary owners ' Convention, relating to the use, maintenance and management of the property, the owners of the common interest, the owner shall perform the obligations, violations of the Convention shall bear the responsibility for such matters according to law conventions.
    Interim Convention formulated by the construction entity owners, shall not infringe the property the buyer's lawful rights and interests.
    23rd the construction unit shall the temporary Convention to the property before the sale the buyer expressly indicated.
    Property buyer, when concluding a Realty sales contract with a construction unit shall make written commitments to abide by the temporary Convention.
    24th construction of residential property shall be by way of bidding selection of qualified property management enterprises; residential scale bidders with less than 3 or less than 30,000 square meters, by property location County (municipal and district) people's Government approved real estate administrative departments, selection by agreement with the corresponding qualification of the property management company.
    25th article of property owners enjoy a total area, shared ownership or use of facilities and equipment, the construction unit shall not be allowed to dispose of.
    26th article in handle property undertake acceptance procedures Shi, units should to property management enterprise transfer following information: (a) completed total plane figure, monomer building, and structure, and equipment completed figure, supporting facilities, and underground tube network engineering completed figure, completed acceptance information; (ii) facilities equipment of installation, and using and maintenance maintenance, technology information; (three) property quality warranty file and property using description file; (four) property management by required of other information.
    Realty Management Enterprise shall, upon termination of the prophase Realty service contract to hand over the information to the owners ' Committee. 27th units shall in accordance with the provisions of article within the Realty Management area configures the necessary property management space.
    Development and construction unit at the time of transfer of residential property with total floor area of 300,000 square metres at a ratio of 0.2% (less than 30 square metres), provides residential property management room; total floor area of more than 300,000 square meters at a ratio of 0.15% (less than 600 square metres), provides residential property management space, all property owned by all the owners, used by property management companies.
    Units shall in accordance with State regulations and warranty the period of warranty, assume the warranty responsibility of property.
    28th County (area) real estate administrative departments of the people's Government to participate in comprehensive acceptance of residential property in the area, city by the municipal people's Government in the downtown real estate administrative departments to participate in comprehensive acceptance of residential property.
    Fourth chapter 29th engages in property management property management services officer shall be in accordance with the relevant provisions of the State, obtained the professional qualification certificates.
    30th enterprises engaged in property management activities shall be qualified as an independent legal entity, must have a property management certificate issued by the relevant authorities before they can carry out property management business.
    Outside the city, engaged in property management, property management companies to enter the business activity, required to hold property management certificate (original) and other relevant legal documents, to the municipal real estate administrative departments.
    31st the owners ' Committee shall owners ' meetings and conclude a written property services contract selected by the property management company.
    Realty service contract shall set forth the management, quality of service, cost of service, the parties rights and obligations, management and use of special maintenance funds, property, length of contract, breach of contract, such as the content of conventions. The 32nd time of Realty Management Enterprise shall undertake, should work with the owners for the property acceptance procedures of the Committee.
    The owners ' Committee shall transfer to the property management company-related information. Upon termination of the Realty service contract, property management and Realty Management Enterprise shall be handed back to the owners ' Committee with relevant information.
    Upon termination of the Realty service contract, owners of Congress has selected a new Realty Management Enterprise, the Realty Management enterprises shall well handle the handover work.
    33rd Realty Management Enterprise shall, in accordance with the Realty service contract agreement, provide the appropriate service.
    Property management company has failed to implement the service contract for property, personal and property damage due to owners, it shall bear the corresponding legal responsibility.
    Article 34th property management company can delegate specific services within the Realty Management area business to professional services firms, but not all property management be entrusted to others in the region. 35th Realty service fees shall follow reasonable, open and cost commensurate with the service standard principles. Can be combined and concentrated charges should be consolidated and central collection. Specific measures according to the relevant regulations and property services stipulated in the contract.
    Department in charge of price and real estate administrative departments should strengthen the supervision of property service charges. 36th owners should be according to the Realty service contract, pay service fees.
    Owners and property users agree Realty user pay service fees, their agreement shall prevail, owners jointly and severally liable to pay duty.
    Has been completed but not yet sold or has not yet been handed over to the buyer of the property property property services unit to pay all the charges.
    37th within the Realty Management area, water supply, power supply, gas supply, heating, communications, cable television unit shall charge fees to the end user.
    Property management companies entrusted to collect charges above, may not charge additional fees to landlords.
    Article 38th public lighting facilities in the residential areas by the property management company is responsible for maintenance and management, electricity charges paid by the property owners or users. 39th Realty Management Enterprise shall assist in security work within the Realty Management area.
    When an accident occurs, property management companies at the same time to take emergency measures shall be promptly reported to the relevant administrative departments, assist in rescue work. Property management companies hired security personnel shall observe the relevant regulations of the State.
    Security personnel in the maintenance of public order within the Realty Management area, shall perform the duties may not infringe upon the legitimate rights and interests of citizens. 40th property management enterprises in China can be openly recruited through labour market.
    Give preference to unemployed persons may enjoy preferential reemployment policies.
    Properties in the fifth chapter uses 41st and maintenance within the Realty Management area in accordance with the planning and construction of public buildings and common facilities shall not be changed.
    Landlord law is absolutely necessary to change the public buildings and common facilities, shall inform the property management companies in the relevant formalities according to law after property management companies need to change the public buildings and common facilities, should be brought to the owners ' meetings to decide approval, by the owner in accordance with relevant procedures.
    42nd owners, property management companies are not allowed to occupy or dig the road or site within the Realty Management area, damage to the common interests of the owners.
    Property or public interests for maintenance, owners needed a temporary occupation, mining roads, grounds, shall obtain the consent of the owners ' Committee and the property management company agreement of the property management company needed a temporary occupation, mining roads, grounds, shall obtain the consent of the owner's agreement.
    Owner, Realty Management Enterprise shall be a temporary occupation, mining roads and venues, in restitution within an agreed period.
    Article 43rd water, electricity, gas, heating, communications, cable TV and other units, shall be liable within the Realty Management area pipelines and facilities repair and maintenance responsibilities.
    Water, electricity, gas supply sector is bounded by meter system of building, beyond the limits of charge (include meter) pipeline and equipment repair and maintenance.
    Urban central heating, heating pipes and heating facilities heating departments, equipment repairs and maintenance.
    Own boiler, central air conditioning heating, geothermal heating and other means of heating, the heating units are responsible for maintenance of pipelines and related facilities, equipment and maintenance.
    These departments or units for maintenance, conservation needs, temporary occupation, mining roads, grounds, should be restored in time. 44th owners need decoration of housing, shall inform the management company.
    Property management enterprises in home decoration should be prohibited behaviors and considerations inform the owners.
    Article 45th residential, non-residential property within the residential or single residential building structures connected with the non-residential property owners, should be in accordance with the relevant provisions of the State paying special maintenance funds.
    Special maintenance fund owners owned, for use in property after the warranty expires the property common parts, common facilities and equipment maintenance and renovation and transformation may not be diverted to any other use.
    Special maintenance funds for the collection, use, management according to the relevant regulations.
    Article 46th property for security breaches, when jeopardize public interests and the legitimate rights and interests of others, the person responsible shall timely maintenance, the owners concerned should cooperate.
    Liability fails to perform the obligations of maintenance, agreed by the general meeting, by the maintenance of property management enterprises, costs borne by the responsible person.
    47th owners select property management property management in enterprises on the implementation of the Realty Management area, was formed by street, neighborhood committees, construction units, such as management of police stations, carport, parking, waste management projects such as cleaning up, cleaning, security, should be transferred to the property management company to manage.
    48th sanitation Department should be in accordance with the relevant provisions of article generated by owners and property users collect garbage fees, or through the signing of agreements entrust property management companies to charge for services rendered.
    49th sixth chapter legal liability for breach of the regulations, owner of residential property is not by way of bidding selection management enterprises or unauthorized, without selection by agreement of property management companies, real estate administrative departments of rectification and give a warning, and may be fined not more than 100,000 yuan.
    50th in violation of the regulations, employer allowed to dispose of property belonging to the owner the common parts, common facilities of the ownership or the right to, the Department of real estate administration fines of between 50,000 yuan and 200,000 yuan; causes losses to the owners, the violator shall bear liability.
    51st in violation of the regulations and does not hand over the information, the property Administrative Department shall order correction within who fails does not hand over the information, construction and property management companies to report, fines of between 10,000 yuan and 100,000 yuan.
    52nd in violation of the regulations, property management company hired without professional qualification certificate in property management activities of personnel engaged in property management, real estate administrative departments be ordered to desist from the illegal act, fines of between 50,000 yuan and 200,000 yuan; causes losses to the owners, the violator shall bear liability. 53rd in violation of the regulations, property management companies to a full property management be delegated within the Realty Management area, the property Administrative Department shall order correction within, fine at 30% more than 50% of the contract price in serious cases, qualification certificates revoked by the Department that issued the certificate.
    Proceeds from the delegate used within the Realty Management area the common parts, common facilities and equipment maintenance, conservation and the rest used as decided by the general meeting; causes losses to the owners, the violator shall bear liability.
    54th article violation this approach of provides, misappropriated special maintenance funds of, by property administrative competent sector recovered misappropriated of special maintenance funds, give warning, confiscated illegal proceeds, can and at misappropriated amounts twice times following of fine; property management enterprise misappropriated special maintenance funds, plot serious of, and by issued qualification certificate of sector revoked qualification certificate; constitute crime of, law held directly is responsible for of competent personnel and other directly responsibility personnel of criminal.
    55th in violation of provisions of this approach, units within the Realty Management area are not necessary pursuant to the provisions of the property management, real estate administrative departments of rectification and give a warning, confiscate the illegal income, and to a fine of up to 100,000 yuan and 500,000 yuan.
    56th article violation this approach of provides, without owners Assembly agreed, property management enterprise unauthorized change property management with room of uses of, by property administrative competent sector ordered deadline corrected, give warning, and at 10,000 yuan above 100,000 yuan following of fine; has returns of, proceeds returns for property management regional within property total with parts, and total with facilities equipment of maintenance, and conservation, remaining part according to owners Assembly of decided using. 57th article violation this approach of provides, has following behavior one of of, by property administrative competent sector ordered deadline corrected, give warning, and according to this article second paragraph of provides sentenced fine; proceeds returns, for property management regional within property total with parts, and total with facilities equipment of maintenance, and conservation, remaining part according to owners Assembly of decided using: (a) unauthorized change property management regional within according to planning construction of public building and total with facilities uses of; (ii) unauthorized occupied, and mining property management regional within road, and site
    And harm the common interests of the owners and (iii) use without authorization the common parts, common facilities and equipment to operate.
    Individuals with one of the acts specified in the preceding paragraph, more than 1000 Yuan and 10,000 yuan fine; there is one of the acts specified in the preceding paragraph, fines of between 50,000 yuan and 200,000 yuan.
    58th article violates property services contract, the owner fails to pay the service fee, the owners ' Committee shall supervise its deadline to pay; if not paid, property management companies can bring a lawsuit.
    59th owners on behalf of the owners or the owners ' Committee, engaged in activities in violation of laws and regulations, constitute a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, they shall be given administrative penalties for public security.
    60th in violation of the regulations, real estate administrative departments or of any other relevant administrative departments who use the convenience of duty and accepting other people's property, or other benefits, does not perform its functions of supervision or that the violation is not investigated as to constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law. The seventh chapter supplementary articles article 61st these measures shall take effect on November 1, 2003.
                                                  Abrogated in the residential areas of the city of Handan city measures.

Related Laws